Sexual harassment in the workplace remains a significant concern for businesses across the UK. With employment legislation continuing to evolve, employers must ensure they are taking proactive steps to protect their employees and maintain a safe, respectful working environment.
Recent and upcoming changes to UK employment law place greater emphasis on preventing sexual harassment before it occurs, rather than simply responding to complaints once incidents have taken place.
What Has Changed?
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a new legal duty requiring employers to take reasonable steps to prevent sexual harassment of their employees in the course of employment.
This marked an important shift in employer responsibilities, placing greater emphasis on prevention, risk assessment and effective workplace procedures.
Further changes under the Employment Rights Act 2025 are expected to strengthen these requirements, including:
Stronger preventative duties: Employers will be required to take all reasonable steps to prevent sexual harassment, rather than simply reasonable steps.
Third-party harassment: Employers will face additional responsibilities regarding harassment by third parties, such as customers, clients, contractors and visitors.
Whistleblowing protections: Disclosures relating to sexual harassment will receive explicit protection under whistleblowing legislation.
These developments reinforce the importance of creating a workplace culture where inappropriate behaviour is actively prevented and concerns can be raised safely.
What Does This Mean for Employers?
Employers must be able to demonstrate that they have taken appropriate measures to identify and manage the risks of sexual harassment within their organisation.
Simply having a written policy is unlikely to be sufficient. Businesses should ensure that preventative measures are actively implemented, communicated and regularly reviewed.
Practical steps include:
1. Review Workplace Policies
Ensure sexual harassment and equality policies are up to date, clearly communicated and supported by appropriate reporting and investigation procedures.
2. Conduct Risk Assessments
Identify circumstances where employees may be exposed to harassment, including lone working, work-related social events, site visits and interactions with third parties.
3. Provide Employee Training
Deliver appropriate training to employees, supervisors and managers to help them recognise unacceptable behaviour, understand their responsibilities and respond appropriately to concerns.
4. Establish Clear Reporting Procedures
Provide confidential and accessible reporting channels, ensuring employees feel comfortable raising concerns without fear of victimisation.
5. Monitor and Review Existing Controls
Regularly review workplace arrangements, employee feedback and reported incidents to assess whether preventative measures remain effective.
Why Is Compliance Important?
Failure to meet the preventative duty can have significant consequences for employers.
Where an employee succeeds in a relevant sexual harassment claim, an Employment Tribunal may increase compensation by up to 25% if the employer has breached its preventative duty.
The Equality and Human Rights Commission (EHRC) also has enforcement powers relating to the preventative duty.
Beyond the legal implications, failing to address sexual harassment can damage employee wellbeing, workplace morale, staff retention and an organisation's reputation.
Taking preventative action is therefore not only a legal responsibility but also an essential part of effective business management.
How Can Combined Safety Solutions Help?
At Combined Safety Solutions, we understand the importance of maintaining safe, compliant and supportive working environments.
We can support businesses in reviewing their existing workplace arrangements, identifying potential risks and strengthening their approach to health, safety and compliance.
By taking proactive steps now, employers can better prepare for changing legal requirements while demonstrating their commitment to protecting employees.
Don't wait until an incident occurs. Review your workplace procedures and take action to promote a safer, more respectful working environment.
Contact Combined Safety Solutions today to discuss how we can support your business with workplace risk management and compliance.